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Arnwine Obtains Favorable Ruling on Appeal

The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment.  The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway.  A complaint filed after the accident went unanswered due to an oversight by the insurance carrier.  Once the oversight was discovered, an answer was filed along with a motion to set aside the default judgment.  The trial court never ruled on the motion; thus, it was denied “by operation of law” (i.e., the motion was denied automatically as soon as 90 days had passed from the date it was filed).  In his filings with the trial court, Rob established that the defendant had valid defenses to the claims and that the failure to answer was simply a mistake.  On appeal, the Alabama Supreme Court relied on these filings in finding that the default judgment should have been set aside so that the case could be properly litigated.  Hilyer v. Fortier, No. 1140991 (January 6, 2017 Ala.).  Of note, this was actually the second time the case was before the Supreme Court.  In 2015, the Supreme Court ruled that a trial court cannot allow a properly-supported motion to set aside a default judgment to be denied by operation of law.  Hilyer v. Fortier, 176 So. 3d 809 (Ala. 2015).  Please contact Rob if you would like to discuss the Hilyer opinions or the procedure for setting aside default judgments in general.

News

Thornton To Present Webinar on CMS Compliance & the Recently Filed Qui Tam/False Claims Act Lawsuit

Carr Allison Shareholder Tommy Thornton of our Birmingham (AL) office is scheduled to present a webinar through the USLAW EduNet Webinar program. His presentation will focus on the current and anticipated statutory and regulatory requirements relating to compliance under the Medicare Act. Tommy will also discuss the impact of the […]

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Hallford Obtain Summary Judgement

Shareholder Pam Hallford of Carr Allison’s Dothan (AL) office obtained summary judgment entirely dismissing a case which alleged negligent and wanton maintenance by the defendant.  In her complaint, and throughout discovery, the plaintiff alleged she slipped and fell at a Birmingham Hospital.  Defense counsel argued that the plaintiff had not […]

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Scarpone and Graham Present at FDLA’s Florida Insurance Network Symposium

Carr Allison attorney Kayla Scarpone (Tallahassee, FL) was a presenter at the recent Florida Defense Lawyer Association’s Florida Insurance Network Symposium (FINS), which covered hot topics in the areas of coverage, bad faith and property insurance.  Kayla’s presentation was on Allocation of Indemnity for Covered and Non-Covered Claims in Settlement […]

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